Bombay High Court: Kishor Kawale's Detention Order Overturned Due to Delay

Quick Summary: Kishor Laxman Kawale, who was held under the MPDA Act, won his case against being detained because there were unexplained delays in handling his case. The court ordered that he be set free.

The Case Background

Kishor Laxman Kawale, a 20-year-old from Thane, was held at Yerwada Central Prison. He was detained because of a Detention Order issued on December 5, 2024, under the Maharashtra Prevention of Dangerous Activities Act (MPDA Act). This was due to his alleged involvement in a crime reported on June 9, 2024.

The Crime and Detention Order

Kishor Kawale was arrested on June 11, 2024, for charges including attempted murder and having weapons. He was let out on bail on August 28, 2024. However, the Detention Order was based on police reports and secret statements recorded months later, in November 2024.

Delay in Legal Proceedings

Kishor Kawale’s lawyer, Ms. Jayshree Tripathi, argued that there was a delay in issuing the Detention Order. She highlighted:

• A 73-day delay from when he was released on bail to when witness statements were recorded.
• A 26-day delay between the last statement and the Detention Order.

These delays were not explained by the authorities.

“There is no attempt made on behalf of the Detaining Authority to explain the said delay,” noted the court.

Court's Decision

Judges Ranjitsinha Raja Bhonsale and A.S. Gadkari looked over the case. They referred to past decisions that stressed the need for quick action in detention cases. The unexplained delays led to the decision to cancel the Detention Order.

Final Verdict

The court ordered:

• The Detention Order dated December 5, 2024, was canceled.
• Kishor Kawale was to be released from jail unless he was needed for other cases.

“The purpose and object of the Act is not met due to the unexplained delay,” the court concluded.